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2023/08/10 Planning Commission Minutes 0.0NNEn1 PAAk ALIFO.N Minutes of the Planning Commission Meeting of the City of Rohnert Park Thursday, August 10,2023 6:00 P.M. 130 Avram Avenue, Rohnert Park 1. CALL TO ORDER Chairperson Austin-Dillion called the regular meeting to order at 6:00 p.m. 2. PLEDGE OF ALLEGIANCE Led by Acting Chairperson Commissioner Orloff. 3. READING OF THE LAND ACKNOWLEDGEMENT The City of Rohnert Park acknowledges Indigenous Peoples as the traditional stewards of the land. Let it be acknowledged that the City of Rohnert Park is located within the traditional homeland of the Federated Indians of Graton Rancheria, comprised of Coast Miwok and Southern Pomo peoples. 4. ROLL CALL Present: Tramaine Austin-Dillion, Chairperson Matt Epstein, Vice Chairperson Marc Orloff, Commissioner Charles Striplen, Commissioner Absent: Fanny Lam, Commissioner 5. PUBLIC COMMENT None. 6. CONSENT CALENDAR- ADOPTION OF MINUTES 6.1 Approval of the Draft Minutes of the Planning Commission Meeting of July 13, 2023. ACTION: Moved/Seconded(Orloff/Epstein) to adopt the Minutes of the Planning Commission Meeting of June 22, 2023. Motion carried by the following (3-1-1) roll call vote: AYES: Orloff, Epstein, Striplen; and; NOES: None; ABSENT: Lam, ABSTAIN: Austin-Dillion 7. AGENDA ITEMS 7.1 DISCUSSION—FLAVORED TOBACCO LAW Associate Planner Elliott Pickett presented a discussion on the Flavored Tobacco Law with a PowerPoint presentation. The review updated the Commission on recent changes in the State law and to understand the impact on Planning and Land Use. The State law changes, SB 793 (2020), which went into effect in December 2022, prohibit the sale of flavored tobacco products. There is no impact on the Zoning Code and it is enforceable under State law. It applies to all tobacco retailers and the City cannot allow a project that includes the sale of flavored tobacco products. 7.2 PUBLIC HEARING—MUNICIPAL CODE AMENDMENT, SPECIFIC PLAN AMENDMENTS—PLMC23-0001 —Consideration of a Resolution recommending that the City Council adopt an ordinance terminating the City's moratorium on new or expanded automobile service stations and amending Rohnert Park Municipal Code Chapter 15.34 "Electric Vehicle Charging Station Review Process," Section 17.070.20.0 (Automotive Service Stations), Chapter 17.04 (Definitions), Section 17.06 (Land Use Regulations), the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan, to permit hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station review pursuant to Government Code Section 65850.7. Associate Planner, Elliott Pickett provided a PowerPoint presentation on the Municipal Code Amendment and Specific Plan Amendments as noted above. Mr. Pickett stated that the "1 amendments are proposed to reduce greenhouse gas and tailpipe emissions, establish a streamlined review process for hydrogen fueling facilities, and adopt new code provisions with regard to electric vehicle charging stations based on changes in state law. Mr. Pickett briefly touched on the following key discussion points: Under Senate Code Senate Bill 1291 Hydrogen Fueling Stations must be administratively approved within the following cases: • Parcels in Commercial and Industrial zones; • There must be no existing Residential Uses on the parcel; • Review of these is limited to the Building Official determining whether it meets all health and safety requirements; • This also would require that the moratorium for automobile service stations be rescinded. Mr. Pickett continued with a look at hydrogen properties and safety concerns. He noted that hydrogen, in comparison to other types of fuel used, is less toxic than other gases. It is also in some cases harder to detect. Mr. Pickett stated that there are fewer safety concerns, but different safety concerns and that the proposed amendments were sent to Public Safety for review and require consistency with all applicable safety requirements. Commissioner Epstein asked if Public Safety in Rohnert Park has the equipment or the ability to respond to a hydrogen emergency. He commented that it is his understanding that they do not and expressed concern that safety rules and regulations need to be established and put in place. He noted that based on his understanding, Rohnert Park Public Safety does not have a Hazmat response effort so the response in case of an emergency would come from the County. Commissioner Epstein asked if there is an emphasis on emergency planning, given that the response time for hazmat in the County is anywhere from 45 minutes to 1 hour and 15 minutes. Jeff Beiswenger stated he did not have an answer for those specific questions but would follow up with appropriate Public Safety personnel to respond to the Commissioner's questions and concerns. Commissioner Epstein noted that while gasoline may be more toxic, the size of a hydrogen- related incident would be much bigger. He reiterated the need for some type of pre-emergency and response plan and funding for the right equipment for Public Safety if the City is going to introduce a new emergency/threat into the community without the proper equipment and response effort to handle it in the right way. He praised the Rohnert Park Public Safety Department and noted that most fire departments in the County do not have their own designated hazmat response team, putting them at a disadvantage without the proper tools to respond to those types of emergencies. Commissioner Striplen stated he had a similar question and concerns. Commissioner Striplen commented that before proceeding and referring the amendments to the City Council, he felt strongly that additional information and clarity were needed. Commissioner Orloff agreed with both Commissioner Epstein and Striplen and stated he would like the discussion in this regard to be captured in the minutes. Jeffrey Beiswenger advised the Commission that he would open the discussions with Public �-- Safety and have a representative respond to the Commissioners's comments and concerns. Commissioner Epstein responded that outreach to county Hazmat would be important as well. Mr. Pickett proceeded with the discussion on the additional amendments as a result of state law changes. Assembly Bill 970 pertains to electric vehicle permitting, setting timelines for EV charging station permit review. The Municipal Code changes required would be within the Zoning Ordinance and within the EV charging station section of the Building Code, which would be expanded under this proposal to also address Hydrogen Fueling permitting. This amendment would also require Specific Plan Amendments for both the Northwest Specific Plan and Wilfred Dowdell Specific Plan and Zoning Code commercial and industrial land use districts for allowing these uses as a permitted use by right. For clarity purposes, Commissioner Epstein asked if, for instance, the 76 Station in town decided they wanted to start supplying hydrogen, can they convert? Mr. Pickett responded that in the commercial or industrial zoning districts, it would be approved as long as there are not any existing residential uses on the parcel, and the Building Official does not make any determination with regard to health and safety risks. Commissioner Orloff provided the following comments/questions on the topic: • How are these going to be approved with the timelines outlined in state law? • Are there no parking issues that could arise in regard to business and the requirements for required parking spaces? • Can Planning approve those without comment from the Planning Commission? Jeffrey Beiswenger responded that there is an administrative approval process and parking counts are considered in that review process. Commissioner Epstein asked if there would be any consideration for a separate ordinance regarding parking in an EV space if you do not own an EV vehicle. It was his understanding that some cities have adopted those within their codes. Mr. Beiswenger responded that the City could take that into consideration. For instance, we do not currently have a restriction on the trending ICEing(internal combustion engine vehicle blocking an EV charging spot), and it does not appear to be an issue here but might be something to think about in the future. Jeffrey Beiswenger also noted out that there are currently no applications for Hydrogen fueling so from that perspective there is no rush on this. However, he clarified that these state laws are already in effect, so if an application came in we would have nothing to condition or review them against and could only rely on and approve applications based on what is in the State Code. Commissioner Striplen asked, in that event, if applications would come before the Planning Commission in the absence of an administrative approval procedure. Jeffrey Beiswenger stated they would have to be approved administratively based on the State Code, and that this meeting was where the Planning Commission has input on putting these permitting regulations in place. Commissioner Orloff questioned where in town would there be a viable property that could house a Hydrogen station. Jeffrey Beiswenger stated Shell was incorporating them into their service station facilities, but they are no longer doing that. ''\ Commissioner Epstein commented that he would be interested in a presentation from Public Safety on all aspects of the hydrogen facility topic (training and experience, funding, etc.). Mr. Beiswenger stated that a motion to table the item pending further information and representation from Public Safety can be made at this time. This would allow a greater look into the health and safety concerns of the Commission and an opportunity for the Commission to apply additional provisions if necessary and within state law. Chairperson Austin-Dillion opened the Public Hearing Chairperson Austin-Dillion closed the Public Hearing. ACTION: Moved/seconded (Orloff/Striplen) to table Resolution 2023-18 recommending that the City Council adopt an ordinance terminating the City's moratorium on new or expanded automobile service stations and amending Rohnert Park Municipal Code Chapter 15.34 "Electric Vehicle Charging Station Review Process," Section 17.070.20.0 (Automotive Service Stations), Chapter 17.04 (Definitions), Section 17.06 (Land Use Regulations), the Northwest Specific Plan, and the Wilfred Dowdell Specific Plan,to permit hydrogen fueling stations and clarify requirements for expedited electric vehicle charging station review pursuant to Government Code Section 65850.7, pending further information. Motion carried by the following(4-0-1) roll call vote: AYES: Austin-Dillion, Orloff, Striplen; Epstein NOES: None; ABSTAIN: None; ABSENT: Lam. ''\ 8. ITEMS FROM THE PLANNING COMMISSION Commissioner Orloff thanked Public Safety for assisting a wayward elderly driver who took out a trailer and almost took out a gas meter. He stated it was well handled. Chairperson Austin-Dillion stated that through social media he read that the City of Rohnert Park received an acknowledgment for achieving the State of California housing goals. Gov. Gavin Newsom announced that the City of Rohnert Park has earned the state's Prohousing Designation making them eligible for funding incentives and additional resources for their work reducing barriers to housing. Jeffrey Beiswenger stated this is something the City applied for. Receiving a Prohousing Designation opens up the city for grants to get additional monies to build more affordable housing. Commissioner Striplen stated that on Sunday, August 6, the U.S. Secretary of Interior, Deb Haaland was at the Graton Resort and Casino for a discussion with survivors of federal Indian boarding schools and their descendants. Haaland has been having similar discussions during a cross-country tour called The Road to Healing. Indian boarding schools were supported and paid for by the Department of Interior until the 1970s. Sunday's discussion was hosted by the Federated Indians of Graton Rancheria. 9. ITEMS FROM THE DEVELOPMENT SERVICES STAFF Mr. Beiswenger noted that the City is continuing with the General Plan Update process and will be requesting a little bit of funding from the City Council to step back and re-do the General Plan to reflect the Tribal Trust Lands expansion. They added about 72 acres onto the Tribal Trust Lands, which is basically a good portion of the Northwest Pacific Plan and some of Wilfred-Dowdell's Specific Plan. The City will be adjusting our maps to reflect their territory and analysis in the General Plan. Mr. Beiswenger also mentioned that the City will be letting out an RFQ/RFP (Request for Qualifications/Request For Proposals) for the Downtown area to developers to try and solicit interest and see if any developers want to come in with a package or a proposal. Commissioner Epstein commented that he took a field trip out to that area after the last presentation and is concerned about removing lanes of traffic. He will be looking closely at the traffic study/analysis portion of any project proposal in this regard. Mr. Beiswenger also announced that this would be his last Planning Commission meeting with the City. He has taken a job with the town of Fairfax in Marin but feels the Commission is in good hands with current Planning staff. Commissioner Striplen thanked Jeffrey Beiswenger for his service. Elliott Pickett thanked Jeffrey Beiswenger for his service 10. ADJOURNMENT Chairperson Austin-Dillion adjourned the regular meeting at 6:35 p.m. 4141/YVIIIC 0-141A aarti4_ Chairperson Recording Secretary—Clotile Blanks